bc-090928-marc-emery-extradition

Marc Emery talks to reporters outside the B.C. Supreme Court in Vancouver in September before turning himself in for extradition to the U.S. ((CBC))

Vancouver's so-called Prince of Pot will be turned over to U.S. authorities to face drug charges five years after he was first arrested for selling marijuana seeds to U.S. residents, his wife and lawyer have confirmed.

Marc Emery, 51, turned himself in to authorities at B.C. Supreme Court in Vancouver on Monday after his bail, granted in November, expired.

His wife, Jodie, told CBC News she has learned that federal Justice Minister Robert Nicholson has signed an order clearing the way for Emery to be extradited to the U.S.

Emery's lawyer, Kirk Tousaw, said as part of a plea bargain deal, Emery will not appeal the extradition order and will likely be transferred to Seattle within a week.

Busted in Canada for breaking U.S. laws

Emery was arrested in 2005 — following an investigation by Canadian and U.S. police — for allegedly selling marijuana seeds over the internet from Vancouver to residents of the U.S.

He made an agreement with U.S. prosecutors last year that he would plead guilty to one charge of drug distribution in exchange for a five-year sentence.

Under the terms of the deal, Emery is expecting return to Canada to serve his sentence, said Tousaw.

The marijuana advocate surrendered for extradition last September but was later freed on bail in November, because Nicholson had not yet signed the order.

Before turning himself in on Monday, Emery told CBC News he was hopeful that Nicholson would decide to stay his extradition after he turned himself in.

Emery has said previously that he made the plea agreement with U.S. prosecutors so that his two co-accused — Michelle Rainey and Greg Williams — would each be given two years' probation and to avoid a criminal trial that could result in a prison sentence of up to 50 years.

Meanwhile, The Canadian Press is reporting that a briefing memo to Canada's justice minister said a U.S. drug enforcement agent worked in Canada to secure U.S. criminal charges against Marc Emery.       

The memo also said thousands of letters have been sent to government urging the minister not to extradite the pot advocate.

Emery said he isn't surprised by the support because millions of people oppose the idea of Canada bending to American will.